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Can You Collect Long-Term Disability and WSIB Benefits?

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Can You Collect Long-Term Disability and WSIB Benefits?

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
Long-Term Disability and WSIB Himpro

Suffering a debilitating injury or illness that requires a person to stop working is devastating emotionally and financially for the affected individual and his or her family. Disabilities, while affecting millions (almost two million in Ontario alone), are hard to predict and frequently come on suddenly and without warning. Long-term disability benefits (LTD), of which a number are offered through the Ontario government and private programs, are the best way to minimize the loss of income and are most commonly seen as a group benefit provided by many employers, as well as through private insurers. LTD benefits generally cover disabilities arising from any accident or illness, regardless of where or how contracted. However, collecting long-term disability and WSIB can be a difficult task.

One particular form of LTD coverage, Workplace Safety and Insurance Board (WSIB) benefits, on the other hand, must be the direct result of an accident or injury experienced on the worksite. The intersection of standard long-term disability and WSIB benefits can be quite confusing for an injured worker, and he or she may not know which benefits to request, or how receiving one can impact the right to collect the other. A discussion related to the ability of a disabled worker to collect both LTD and WSIB benefits for the same accident or illness will follow below.

Differences Between Long-Term Disability and WSIB Benefits

As noted above, individuals working in Ontario have access to several types of disability coverage, as well as WSIB benefits (a program most employers are required to join). WSIB benefits are regulated by statute in terms of a person qualifying, the income loss amount, and the duration of benefits. Once a workplace injury occurs, a claim must be completed immediately, and the employer must arrange a medical assessment to determine the next steps. In addition to lost income, WSIB benefits also cover medical expenses.

LTD benefits are offered for accidents or illnesses that typically occur outside the workplace and involve disabling impairments that prevent a person from performing his/her daily work functions. While LTD policies cover a large portion of a disabled individual’s lost wages, they do not directly pay for medical expenses. This is an important consideration when determining how far this money will go and with which program to file a claim if more than one option is available. Most long-term disability policies will pay out for two years, though it is possible to collect long-term disability until the age of retirement at 65. In any LTD claim, whether it is through the WSIB program or a private policy, the key question is always how disability is defined because it varies by the program, and qualifying for one does not guarantee eligibility for another.

Can You Collect Both Long-Term Disability and WSIB?

Most group LTD policies include conditions that limit the receipt of disability benefits from another source. In other words, it is not ordinarily possible to collect full long-term disability benefits from both a private policy and WSIB. Co-ordination clauses are standard in group policies and specifically reduce the benefits paid in correlation to disability benefits received elsewhere. The type and extent of the offset vary by the language in the LTD contract, and in fact, many policies require injured workers not only to apply for WSIB benefits as a condition of collecting long-term disability but also to appeal if the initial claim is denied. Complications typically arise when it becomes unclear if a workplace injury caused another condition to emerge soon after, or whether the new medical condition is independent of the earlier medical issues. An experienced LTD lawyer can assist with properly submitting a claim, determining which disability programs to apply to, and appealing any denials of coverage.

Speak with a Lawyer About Long-term Disability and WSIB

Experiencing a disabling event of any kind is a hard adjustment to make. The financial stresses of not being able to work only adds to the physical and emotional difficulties of living with a debilitating condition. Securing the disability benefits you need to find equilibrium requires an experienced disability lawyer to guide you.

 

Content Updated: Originally published Jul. 7, 2018

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

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Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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What They Say About Us

Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
T TT T
17:46 16 Feb 24
Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
LizLiz
22:43 18 Jan 24
I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
Neeshanth SritharanNeeshanth Sritharan
21:49 01 Jan 24
My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza HamidFaiza Hamid
01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
Brenda FurtadoBrenda Furtado
23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
ShaunaShauna
15:52 06 Dec 23
We are so happy that we had David and his team represent us. We couldn't have asked for a better team. Not only is David incredibly skilled and experienced, he is kind and compassionate and it is clear how much he cares for his clients. Megan was also absolutely amazing to work with and was always on top of everything and there to answer any questions we had! Thank you!
Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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